Nashua Traffic Violation Lawyer
In Nashua, not all traffic violations are considered equal. Under New Hampshire state laws, some violations may lead to a driver’s license suspension or even a more serious charge if the police find that the breach puts other road users at grave risk.
Traffic violations in Nashua have penalties ranging from fines and increased insurance rates to hefty fines and even substantial jail time. If you are facing charges for traffic violations, it’s a good idea to contact a Nashua traffic violation lawyer, like those at Shepherd & Hayes, PLLC, to prepare your case.
Nashua Uses a Demerit Point System
New Hampshire is among many states that use a traffic violation points system variation. This system seeks to incentivize good driving by giving negative points on licenses of drivers with traffic violations, eventually removing dangerous drivers from the road. If enough points accumulate on your driver’s license, it can be suspended or revoked. Below are the number of points awarded for certain traffic violations in Nashua:
One and Two Point Violations
One point violations for traffic stops can include driving an unregistered vehicle, driving without a New Hampshire driver’s license, and driving any vehicle that hasn’t been adequately inspected.
Some two point violations against your license may be allowing an underage person or a person with a suspended license to drive your car, driving an improper class vehicle (such as driving a commercial vehicle without the proper license, or disobeying the direct orders of a police officer.
Three Point Violations
Three point violations are the most common infractions that can negatively impact your license. These may include:
- Failure to obey traffic or street signs
- Failure to yield the right of way
- Failure to display proper license plates
- Not utilizing a turn signal
- Backing up illegally
- Driving on a sidewalk
- Speeding up to 25 miles per hour over the posted speed limit
There are many other three point violations, which can quickly add up.
Four and Six Point Violations
Four to six point violations are the most serious and can look like:
- Driving without a license
- Driving while intoxicated
- Failing to stop after an accident
- Excessive speeding
As few as six points on your license could lead to a penalty. The suspension of a license also depends on the driver’s age. The number of points a driver accumulates per calendar year determines how long the DMV will suspend their license. Points on your license may remain on your driving record for three years.
Driving on a Suspended License
Situations or emergencies may arise that lead you to drive when you are no longer authorized to do so. In such cases, those found violating the suspension may be punished in several ways, including being ordered to pay up to $1,000 in fines, having their license suspended or revoked, possibly going to jail, or receiving a misdemeanor or Class B felony charge. A Nashua traffic violation lawyer may be able to help you contest your license suspension.
Driving Under the Influence
First-time offenders often will not face jail time. However, they could be subject to $500 to $1,200 in fines and a mandatory six-month license suspension. Second-time DUI offenders can get a minimum 30-day jail sentence, a $750 fine, and a three-year license suspension. Third-time offenders carry a minimum of a 180-day jail sentence and $750 in fines. They also face the potential of having a breath alcohol ignition interlock device (BAIID) installed on their vehicle and an indefinite suspension of their driver’s license.
What Are Habitual Offenders?
Persistent traffic violators are those with repeated patterns of traffic disobedience. One might be considered a habitual offender if they:
- Rack up any combination of 12 convictions for certain driving offenses
- Three major convictions, or any combination of major convictions and those named above (all within a single five-year period)
Repeat offenses like these could result in you having to take a defensive driving course, a license suspension of up to three years, paying court fines, and being unable to receive an occupational license even to get to work.
An experienced Nashua traffic violation lawyer may be able to argue and defend your case, refute evidence that was not legally obtained, re-create the events of an accident, and even get professional experts for your case if needed.
Reporting Traffic Violations
There are two types of violations — moving and non-moving. The difference between the two is not the state of the vehicle at the time of the breach, but how they are treated by the court and the Department of Licensing (DOL). Moving violations like speeding, drunk driving, and running a red light are reported to the DOL, whereas non-moving violations (driving while talking on a cell phone or without a seat belt) are not.
Furthermore, commercial drivers with CDL licenses must notify their employers within 30 days of a violation. Some violations may carry serious penalties that can affect the driver’s income or career.
Responding to Tickets
Tickets must be responded to within 30 days from the date of issuance. There are three ways of responding to a ticket:
Paying the Ticket
In Nashua, this is an admission of guilt which can lead to consequences, like license suspension (depending on your NH driving record), fines, and increased insurance rates. Paying the ticket also means waiving your right to challenge the traffic ticket in court.
Requesting a Mitigation Hearing
The violator admits they committed the violation, but wishes to explain the circumstances of the offense in court. This may result in a fine reduction, a monthly payment plan, or community service. You cannot appeal the judge’s decision in a mitigation hearing.
Requesting a Contested Hearing
This is equivalent to a “not guilty” plea. A contested hearing provides the proper setting to fight against the charges you were cited for in a traffic violation. No payment is due when making this plea. However, if found guilty, fines and penalties will apply.
Talk to Our Nashua Traffic Violation Lawyer at Shepherd & Hayes, PLLC
Fighting a traffic violation ticket may be able to help you avoid fines, license suspensions, increased insurance rates, and other severe penalties. A traffic violation lawyer may request a contested hearing, represent you in court, request discovery for your case, and negotiate to have your charges reduced or dropped.
Our Shepherd & Hayes, PLLC lawyers are experienced and committed to getting justice for their clients. If you are facing a traffic violation, speak to our lawyers to understand the different defense options you may have in handling your case. Schedule a free consultation with us by calling (603) 233-1626 or filling out our online contact form.